May 19, 2016, Introduced by Rep. Lauwers and referred to the Committee on Workforce and Talent Development.
A bill to provide a grievance procedure for state civil
servants; to provide powers and responsibilities for state
departments, agencies, and officers; and to provide a right of
appeal.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"grievance procedure act".
Sec. 2. As used in this act:
(a) "Civil service commission" or "commission" means the
commission created in section 5 of article XI of the state
constitution of 1963.
(b) "Employee" means an employee in the classified state civil
service as described in section 5 of article XI of the state
constitution of 1963.
(c) "Grievance" means an appeal authorized under section 3.
(d) "Just cause" means conduct that directly and negatively
impacts the department's ability to accomplish its statutory duties
in a fair, timely, equitable, and transparent manner.
Sec. 3. An employee may file a grievance for an appeal to the
civil service commission following discipline or dismissal by the
head of a principal department for conduct that the employee
believes does not constitute just cause.
Sec. 4. (1) A grievance must be signed and filed in writing
within 14 calendar days after the employee knew of or, in the
exercise of reasonable diligence, should have known of the
circumstances giving rise to the grievance.
(2) Unless the grievant elects review by the full commission,
a hearing officer or designated agent of the commission may hear
the grievance.
(3) The grievant and the principal department shall share the
cost of the review equally.
(4) The commission shall not award attorney fees, witness
fees, costs, or other expenses.
(5) The commission shall not award interest on any monetary
award.
(6) The commission shall not award damages to a grievant in a
limited-term appointment for any period after the expiration date
of the grievant's term of appointment.
(7) The commission may award back pay, but the back-pay award
is limited to pay for regularly scheduled hours and holidays for
which the employee normally would have been paid. A back-pay award
must not include any other pay premium, such as overtime, on-call,
callback, explosives duty, out-of-state location, or emergency
response premium. A back-pay award is subject to all of the
following deductions:
(a) Earnings in other employment or self-employment, except
previously approved supplemental employment.
(b) Benefits received from employer contributory income
protection insurance.
(c) Benefits received under worker's compensation,
unemployment compensation, social security, or social welfare
programs.
(8) The civil service commission may award sick and annual
leave credit that would normally have accrued during the period of
vacated discipline or dismissal.
(9) The civil service commission may award seniority credit
and longevity compensation that would normally have accrued during
a period of vacated discipline or dismissal. Any such seniority
credit shall not be used for classification or qualification
purposes.
Sec. 5. (1) For the commission to consider a grievance, the
grievant must allege that he or she was dismissed or disciplined by
the head of a principal department without just cause.
(2) The civil service commission shall not consider a
grievance based on any of the following:
(a) The failure to renew or extend the employee's appointment
under a limited-term contract.
(b) The failure to renew or extend the term of a limited-term
position.
(c) A nondisciplinary lateral job change.
(d) An appointment decision arising out of the selection,
appointment, or certification of a candidate for a position.
Sec. 6. (1) The civil service commission shall consider a
grievance and issue a written grievance decision setting forth
findings of fact, conclusions of law, and any remedial orders. If
the commission fails to issue a decision on the grievance within 28
calendar days, the grievance is considered to be administratively
denied.
(2) The civil service commission shall reverse the discipline
or dismissal that caused the grievance only if the head of the
department acted arbitrarily and capriciously in determining that
the employee's conduct was just cause for discipline or dismissal.
(3) The grievance decision of the civil service commission or
an administrative denial is binding unless the grievant files a
timely appeal, as authorized in this act.
Sec. 7. (1) A grievance decision or administrative denial is
final and binding on the parties 28 calendar days after the date
the decision is issued, unless either of the following applies:
(a) The decision provides for a later effective date.
(b) Either party files a further appeal to the circuit court
within 27 calendar days after the date the written decision is
issued or the grievance is administratively denied. Upon filing of
an appeal and subject to subsection (2), the effective date of the
decision is automatically stayed pending further order.
(2) If a written grievance decision of the civil service
commission orders a principal department to reinstate a grievant
who has been dismissed, the principal department, as a condition of
further appeal, shall either reinstate the grievant or restore the
grievant's base pay and medical, dental, and vision group
insurance. The principal department shall continue the
reinstatement or payment of base pay and benefits while the further
appeal is pending.
Enacting section 1. This act does not take effect unless
Senate Joint Resolution ____ or House Joint Resolution MM (request no. 05825'16) of the 98th Legislature becomes a part of
the state constitution of 1963 as provided in section 1 of article
XII of the state constitution of 1963.